NY State Senate Bill 2021-S5871

Senate Bill S5871

2021-2022 Legislative Session

Prohibits sex offenders whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided

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Archive: Last Bill Status - In Senate Committee Crime Victims, Crime And Correction Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to crime victims, crime and correction
Mar 19, 2021	referred to crime victims, crime and correction

co-Sponsors

2021-S5871 (ACTIVE) - Details

Current Committee:: Senate Crime Victims, Crime And Correction
Law Section:: Executive Law
Laws Affected:: Amd §259-c, add §259-f, Exec L; amd §65.10, Pen L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1520
2017-2018: S1787
2019-2020: S1983
2023-2024: S5580

2021-S5871 (ACTIVE) - Summary

Prohibits a sex offender whose victim was a child and level 3 sex offenders from knowingly being within 1,000 feet of a facility where pre-kindergarten or kindergarten instruction is provided.

2021-S5871 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5871

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the executive law and the penal law, in relation to
prohibiting certain convicted sex offenders from knowingly being within
1,000 feet of any place where pre-kindergarten or kindergarten instruc-
tion is provided; and to amend the executive law, in relation to direct-
ing the commissioner of corrections and community supervision to apply
for quarterly listings of all elementary and secondary schools in the
state

 
PURPOSE:

To ensure that staff at the Parole Board and the Office of Probation and
Correctional Alternatives have the most updated list of elementary and
secondary schools so that level II and III registered sex offenders are
not placed near such schools when such persons are either released from
prison on parole or are placed on probation.  This bill also seeks to
keep level three sex offenders from coming within 1,000 feet of facili-
ties and institutions where pre-kindergarten and kindergarten instruc-

tion is provided.

 
SUMMARY OF PROVISIONS:

Section 1: Amends section 259-c of the executive law which relates to
mandatory conditions of release of level three sex offenders. Under the
current law it is a mandatory condition that a level three sex offender
refrain from knowingly entering into or upon any school grounds. This
bill looks to expand the mandatory conditions to clearly include that a
sex offender may not knowingly come within 1,000 feet from any facility
or institution where pre-kindergarten or kindergarten is provided.

Section 2: Adds a new Executive Law section 259-f to direct the Commis-
sioner of the Department of Corrections and Community Supervision
(DOCCS) to obtain, on a quarterly basis from the Commissioner of Educa-
tion, an updated list of every elementary and secondary school in the
state, including any other facility or institution where pre-kindergar-
ten or kindergarten instruction is provided. The purpose of this section
is to ensure that DOCCS has the latest information on the location of
elementary and secondary schools. While there are not significant
differences in such lists, new elementary and secondary schools do open
up, and older schools are closed from time to time. However, the lists
used by DOCCS and local probation departments do not reflect this new
information.  Hence, when conducting their work, DOCCS and local
probation departments can accidentally place Level II and III sex offen-
ders within 1,000 feet of such a school. Further, those sex offenders
that at one point where not located within 1,000 feet of a school, can
find themselves within such area when a new school is opened. This bill
helps to remedy that situation for both new schools that open and those
that close.

Section 3: Expands Penal Law section 65.10, which relates to conditions
of probation and of conditional discharge. This will clearly expand
those institutions where level three sex offenders must knowingly
refrain from entering to include within 1,000 feet from facilities and
institutions where pre-kindergarten and kindergarten instruction is
provided.
 
JUSTIFICATION:

Under current law, DOCCS, and its Divisions of Parole and Probation &
Correctional Alternatives have lists of all elementary and secondary
schools in this State. This list is used by such divisions to ensure
that registered level II and III sex offenders are not placed to live
within 1,000 feet of a school. It is also important for this list to be
disseminated to local probation officers to ensure that those on
probation are not allowed to live within 1,000 feet of a elementary or
secondary school. Such a requirement is necessary since the lists of
schools used is not updated frequently, resulting in registered sex
offenders being accidently placed near new schools that have recently
been built. Further, there have been sex offenders, while complying with
the 1,000 foot distance requirement, at one point, that end up violating
this requirement when that requirement when a new school has been
constructed. Further, such sex offenders have been precluded from an
area even though a school has recently closed. This bill should help
remedy this situation.

This bill will also provide protection to those children who attend
prekindergarten and kindergarten in facilities and institutions that are
not now clearly considered under the current law. Without this bill
dangerous sex offenders have the ability to enter upon these facilities
and institutions that care for young children.

 
LEGISLATIVE HISTORY:

2020: S1983 - referred to Crime, Crime Victims and Corrections

2019: S1983 - passed Senate

2018: S1787 - Passed Senate

2017: S1787 - Passed Senate

2016: S1520 - Passed Senate

2015: S1520 - Passed Senate

2014: S7868/A10169 - Passed Senate/ referred to Assembly Committee on

2021-S5871 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5871
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Crime Victims,  Crime  and
   Correction
 
 AN  ACT  to  amend  the  executive law and the penal law, in relation to
   prohibiting certain convicted sex offenders from knowingly being with-
   in 1,000 feet of any  place  where  pre-kindergarten  or  kindergarten
   instruction  is  provided; and to amend the executive law, in relation
   to directing the commissioner of corrections and community supervision
   to apply for  quarterly  listings  of  all  elementary  and  secondary
   schools in the state
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 14 of section 259-c of the  executive  law,  as
 amended by section 38-b of subpart A of part C of chapter 62 of the laws
 of 2011, is amended to read as follows:
   14.  notwithstanding any other provision of law to the contrary, where
 a person serving a sentence  for  an  offense  defined  in  article  one
 hundred  thirty,  one  hundred thirty-five or two hundred sixty-three of
 the penal law or section 255.25, 255.26 or 255.27 of the penal  law  and
 the  victim of such offense was under the age of eighteen at the time of
 such offense or such person has been designated a level three sex offen-
 der pursuant to subdivision six of section one hundred sixty-eight-l  of
 the  correction  law,  is  released  on parole or conditionally released
 pursuant to subdivision one or two of  this  section,  the  board  shall
 require,  as  a mandatory condition of such release, that such sentenced
 offender shall refrain from knowingly entering into or upon  any  school
 grounds,  as  that  term  is  defined in subdivision fourteen of section
 220.00 of the penal law, OR WITHIN ONE THOUSAND FEET OF ANY FACILITY  OR
 INSTITUTION   WHERE  PRE-KINDERGARTEN  OR  KINDERGARTEN  INSTRUCTION  IS
 PROVIDED, or any other facility or institution primarily  used  for  the
 care or treatment of persons under the age of eighteen while one or more
 of such persons under the age of eighteen are present, provided however,
 that when such sentenced offender is a registered student or participant
 or  an  employee  of  such facility or institution or entity contracting

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09861-01-1

 S. 5871                             2
 
 therewith or has a family member enrolled in such facility  or  institu-
 tion, such sentenced offender may, with the written authorization of his
 or  her  parole officer and the superintendent or chief administrator of
 such  facility, institution or grounds, enter such facility, institution
 or upon such grounds for the limited purposes authorized by  the  parole
 officer  and  superintendent or chief officer.  Nothing in this subdivi-
 sion shall be construed as restricting any lawful  condition  of  super-
 vision that may be imposed on such sentenced offender.
   §  2.    The executive law is amended by adding a new section 259-f to
 read as follows:
   § 259-F. QUARTERLY REPORTS OF SCHOOLS. 1. ON  A  QUARTERLY  BASIS  THE
 COMMISSIONER  SHALL  OBTAIN  AN  UPDATED  LIST  FROM THE COMMISSIONER OF
 EDUCATION, OF EVERY ELEMENTARY AND SECONDARY SCHOOL IN THE STATE, AND OF
 ANY OTHER FACILITY OR INSTITUTION WHERE PRE-KINDERGARTEN OR KINDERGARTEN
 INSTRUCTION IS PROVIDED.
   2. THE COMMISSIONER SHALL DISTRIBUTE THE INFORMATION RECEIVED PURSUANT
 TO SUBDIVISION ONE OF THIS SECTION TO THE BOARD AND TO THE  DIRECTOR  OF
 PROBATION AND CORRECTIONAL ALTERNATIVES.
   3. ON OR BEFORE FEBRUARY FIRST EACH YEAR, THE COMMISSIONER SHALL NOTI-
 FY  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF
 THE ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY  LEADER
 OF THE ASSEMBLY, ON THE COMPLIANCE WITH THIS SECTION.
   §  3.  Paragraph  (a) of subdivision 4-a of section 65.10 of the penal
 law, as amended by chapter 67 of the laws of 2008, is amended to read as
 follows:
   (a) When imposing a sentence of  probation  or  conditional  discharge
 upon  a  person  convicted  of an offense defined in article one hundred
 thirty, two hundred thirty-five or two hundred sixty-three of this chap-
 ter, or section 255.25, 255.26 or 255.27 of this chapter, and the victim
 of such offense was under the age  of  eighteen  at  the  time  of  such
 offense  or  such  person has been designated a level three sex offender
 pursuant to subdivision six of section [168-l] ONE HUNDRED SIXTY-EIGHT-L
 of the correction law, the court shall require, as a mandatory condition
 of such sentence, that such sentenced offender shall refrain from  know-
 ingly  entering into or upon any school grounds, as that term is defined
 in subdivision fourteen of section 220.00 of this chapter, OR WITHIN ONE
 THOUSAND FEET OF ANY FACILITY OR INSTITUTION WHERE  PRE-KINDERGARTEN  OR
 KINDERGARTEN  INSTRUCTION IS PROVIDED, or any other facility or institu-
 tion primarily used for the care or treatment of persons under  the  age
 of  eighteen while one or more of such persons under the age of eighteen
 are present, provided however, that when such sentenced  offender  is  a
 registered  student  or  participant  or an employee of such facility or
 institution or entity contracting  therewith  or  has  a  family  member
 enrolled  in  such facility or institution, such sentenced offender may,
 with the written authorization of his or her probation  officer  or  the
 court  and  the  superintendent or chief administrator of such facility,
 institution or grounds, enter such facility, institution  or  upon  such
 grounds  for the limited purposes authorized by the probation officer or
 the court and superintendent or chief officer. Nothing in this  subdivi-
 sion  shall  be  construed as restricting any lawful condition of super-
 vision that may be imposed on such sentenced offender.
   § 4. This act shall take effect immediately, except that sections  one
 and  three  of  this  act  shall  take  effect on the first of July next
 succeeding the date on which it shall have become a law.

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Senate Bill S5871

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Sponsored By

Diane J. Savino